This book explores the High Court's powers under its inherent jurisdiction and wardship to make orders in relation to children and vulnerable adults. The book introduces the inherent jurisdiction and investigates its place in the modern law.
Part 1 provides a comprehensive history of the inherent jurisdiction and gives a detailed account of the core principles applicable today. By offering comparison with Australia, New Zealand, Ireland and Scotland, the book illustrates the different approaches of other common law jurisdictions. Part 2 considers the inherent jurisdiction in practice, addressing the procedure of the court and the approach to specific categories of case. The book provides detailed analysis of the use of the inherent jurisdiction to respond to child abduction, medical decision-making about children, child protection outside the statutory scheme (including secure accommodation and radicalisation cases), and the protection of vulnerable adults.
Despite its ancient roots, the inherent jurisdiction is relied on by High Court judges on a daily basis, used in both everyday and cutting-edge cases. To what extent is this justified? This book explores these diverse powers and asks critical questions about the use of the inherent jurisdiction. Through its critical examination of the modern use of wardship and the inherent jurisdiction, the book is essential reading for practitioners and researchers working in this field.
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